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Alert

Cyber-dissident on trial; harsh Internet bill drafted

(RSF/IFEX) - RSF has voiced concern about the Iranian authorities' continued efforts to gag the Internet, including the trial of a theology student in late July 2004 for a message posted on a news website and a proposed law that would stifle online dissent.

"The authorities recently took a tougher line with online publications and we saw censorship being stepped up since the legislative elections in February," the organisation said. "Now they seem to be going a step further by directly targeting cyber-dissidents and by preparing a bill that would give a legal basis for cracking down."

Mojtaba Lotfi, a theologian and former journalist with the now-defunct reformist daily "Khordad", was arrested in early May and imprisoned in the holy city of Qom. RSF has learned that he was tried in late July for "spying" and "publishing false information", but the judicial authorities have not announced their verdict.

Lotfi posted an article entitled "Respect for human rights in cases involving the clergy" on http://www.naqshineh.com, a website based in Qom. "Naqshineh" is also subject to judicial proceedings, principally because of articles about the recent legislative elections. The site has been blocked since March on the orders of the Qom authorities.

In addition, RSF has examined the official draft law "on the punishment of crimes linked to the Internet", published in February in "Iran" newspaper. The draft law proposes a legislative framework that would severely restrict free expression online. It includes provisions for prison sentences of one to three years for the dissemination of "information that poses a threat to the country's internal or external security", and five to 15 years if the information is passed to "foreign states or foreign organisations".

The bill deals with "nauseating" content such as "sexual organs or sexual acts - heterosexual, homosexual or with animals" and proposes sentences of up to one year in prison and a fine of 10 million rials (approx. US$1,150; 950 euros) for such offences.

One of the most serious crimes in this draft law is the dissemination of "false information" about the Supreme Guide or other regime officials, which is punishable by six months in prison and a 10 million rial fine.

The bill also defines the responsibilities of Internet companies such as cybercafés and ISPs, which would be required to monitor all content to which they offer access, and would have to block "nauseating" or illegal sites. They would also be required to alert the police and help identify those responsible for disseminating such content.

Cybercafé and ISP owners who did not comply would risk sentences of up to five years in prison, the closure of their company and a ban on working in the Internet sector for as long as the judge sees fit. They would also be required to preserve all connection data and the identity of their clients for three months after each online session.

The police would not require a judge's authorisation in order to search Internet users' homes or the premises of any legal entity involved in Internet activity. When carrying out searches, the police would be able to confiscate computer equipment and files. However, an individual or company could refuse to allow the police to conduct a search, forcing them to seek a court warrant.

In its final section, the bill's authors say the legislation should conform to international norms and conventions concerning the Internet and they propose that a commission be set up both to study this issue and to explain the Islamic Republic's measures to the international community. But they add, "The foreign laws will not apply if they are contrary to Sharia [Islamic law] or Iranian law, of if they run counter to the country's security and interest."